A void marriage is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the wedding never happened . Because it is legally flawed, it can never be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If one party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Not possible | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you void vs voidable marriage philippines file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Consulting a qualified family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.